Sec. 28.5. (a) Except as provided in subsection (b), in addition to the loan finance charge authorized by section 28 of this chapter, a pawnbroker may charge, contract for, and receive a fee not to exceed one-fifth (1/5) of the principal amount of the loan per month or any fractional part of a month for servicing the pledge that may include investigating the title, storing, providing security, appraisal, handling, making daily reports to local law enforcement officers, and for other expenses and costs associated with servicing the pledge. The fee for each month after the second month of the loan transaction is limited to one-thirtieth (1/30) of the monthly fee for each day the loan is outstanding. Such a charge when made and collected is not interest and is not a rate under IC 35-45-7-1.
(b) If a loan is renewed or extended, the monthly fee authorized by subsection (a) accrues at a rate of one-thirtieth (1/30) of the monthly fee each day:
(1) beginning upon the expiration of two (2) months after the original date of the loan; and
(2) continuing through and including the day a pledger redeems the pledge.
As added by P.L.14-1992, SEC.152. Amended by P.L.42-1993, SEC.81; P.L.63-2001, SEC.19; P.L.134-2001, SEC.21; and P.L.163-2001, SEC.5; P.L.258-2003, SEC.13.
Structure Indiana Code
Title 28. Financial Institutions
Article 7. Specialized Financial Institutions
28-7-5-3. Necessity of License; Misleading Representations; Territorial Application
28-7-5-5.5. Surety Bond; Requirements; Amount; Termination; Liability; Notices
28-7-5-9. License Not Transferrable or Assignable; Branch Locations
28-7-5-10.4. Carrying on Other Business
28-7-5-10.6. Felony Convictions or Pleas; Notice to Department
28-7-5-11. License Renewal; Application; Fees
28-7-5-13.1. Failure to File Renewal Form or Pay Renewal Fee; Revocation or Suspension of License
28-7-5-15. Investigatory and Enforcement Authority; Costs of Investigation; Voided Loans
28-7-5-15.1. Applicability of Law Governing Administrative Orders and Procedures; Venue
28-7-5-19. Loan Record Requisites; Data Recording Methods
28-7-5-20. Signature and Thumbprint of Pledger; Electronic Record
28-7-5-21. Pawn Ticket; Duty of Reasonable Care in Safekeeping of Articles
28-7-5-21.5. Required Disclosure of Information
28-7-5-23. Redemption by Mail; Compliance With Local Ordinance or Law Concerning Pledge Retention
28-7-5-24. Partial Payment Before Maturity
28-7-5-25. Loss, Destruction, or Theft of Pawn Ticket
28-7-5-26. Alteration of Pawn Ticket; Effect
28-7-5-28.5. Additional Charge; Servicing Fee
28-7-5-29. Liability for Loss to Pledger; Due Care
28-7-5-29.5. Waiver of Rights Not Permitted
28-7-5-34. Delivery of Pledge; Necessity of Surrender of Pawn Ticket
28-7-5-35. Conflicting Claims; Sale of Pledge Subject to Adjudication
28-7-5-36. Unlawful Transactions
28-7-5-37.5. Compliance With Money Laundering Laws; Investigation and Enforcement by the Department
28-7-5-38. Violations; Civil Action; Injunctive Relief; Civil Penalties